TABLE OF CONTENTS

1.
2.
3.
4.
5. 6.
7. 8.

1. INTRODUCTION

Background

The Disability Discrimination Act 1992 (DDA) is a piece of
Commonwealth legislation which creates a new context for service
provision. The DDA requires that people with disabilities
be given equal opportunity to participate in and contribute
to the full range of social, political and cultural activities.
Access for people with disabilities, including access to the
goods, services and facilities provided by tertiary education
institutions, can no longer be an after-thought. The DDA is
not about limited or ‘parallel’ access, but promotes
and protects equality of access – physical, informational
and attitudinal.

Action Plans have the capacity to produce the systemic change
that is required to eliminate disability discrimination whether
it be direct or indirect. Through an Action Plan, a tertiary
education institution may reduce the risks of having complaints
made against it under the DDA. An Action Plan will also assist
a tertiary education institution better to meet its objective
of providing high quality educational services to the whole
community, of which people with disabilities constitute over
18%.

In view of this, the University willingly accepts its obligation
to uphold the fundamental entitlements of people with disabilities
and will continue its on-going commitment to developing an
institutional culture which provides equality of opportunity
for all staff and students including those with disabilities.

Disability Discrimination Act 1992 (DDA)

The objectives of the DDA are:

(a) to eliminate, as far as possible, discrimination against
persons on the grounds of disability in the areas of:

(i) work, accommodation, education, access to premises,
clubs and sport; and
(ii) the provision of goods, facilities, services and land;
and
(iii) existing laws; and
(iv) the administration of Commonwealth laws and programs;
and

(b) to ensure, as far as practicable, that people with disabilities
have the same rights to equality before the law as the rest
of the community; and

(c) to promote recognition and acceptance within the community
of the principle that persons with disabilities have the same
fundamental rights as the rest of the community.

A Disability Discrimination Commissioner has been appointed
to promote awareness of the DDA and compliance with its provisions.
The Commissioner is based in the Federal Human Rights and
Equal Opportunity Commission (HREOC).

Disability Action Plans

The DDA makes provision for organisations to produce a disability
action plan (DAP). This is a strategic document which sets
out an organisation's commitment to meeting its obligations
and responsibilities under the DDA. An action plan can be
lodged with HREOC, and in the event of a complaint being made
against the organisation, whilst not a defence of discrimination,
can assist HREOC in evaluating the claim.

An effective action plan will reduce the potential for successful
complaints against an organisation by

removing the causes of complaint over time

demonstrating to people with disabilities that the organisation
is already taking all achievable measures to ensure equal
opportunities for access to and participation in programs
and services; and

providing targets and benchmarks against which the organisation's
compliance with the DDA can be measured.

Section 61 of the DDA has specified that an action plan must
include provisions relating to:

the devising of policies and programs to achieve the
objectives of the DDA; and

the communication of these policies and programs to persons
within the organisation; and

the review of practices within the organisation with
a view to the identification of any discriminatory practices;
and

the setting of goals and targets (where these may reasonably
be determined) against which the success of the plan in
achieving the objectives of the DDA may be assessed; and

the means, other than those referred to in the above,
of evaluating the policies and programs; and

the appointment of persons within the organisation responsible
for implementation of the plan.

HREOC will accept an action plan if it is inclusive of these
components.

In developing a Disability Action Plan an institution is
asked to focus on its role as a service provider. For the
University, this includes the provision of lectures, information
distribution, access to classrooms, examination of students,
publication of newsletters and the operation of theatres,
food and bar services and sporting facilities. It also includes
all services funded by the institution, including child care
and student medical services.

Disability Discrimination Act and the University

As Flinders University is primarily an institution of learning
it is appropriate that the Action Plan look in detail at the
area of education, and consider the ways in which people with
disabilities will be assisted, wherever possible, to gain
access to and participate in the same quality education which
is available to students without disabilities. However, as
the University is also an employer and provider of accommodation
and many other services, it is equally appropriate that these
areas also be included in the Action Plan.

Definition of key terms

Disability

The definition of disability adopted by Flinders University
is that which appears in Section 4 of the DDA.
disability, in relation to a person, means:

(a) total or partial loss of the person’s bodily
or mental functions; or
(b) total or partial loss of a part of the body; or
(c) the presence in the body of organisms causing disease
or illness; or
(d) the presence in the body of organisms capable of causing
disease or illness including HIV/AIDS; or
(e) the malfunction, malformation or disfigurement of a
part of the person’s body; or
(f) a disorder or malfunction that results in the person
learning differently from a person without the disorder
or malfunction; or
(g) a disorder, illness or disease that affects a person’s
thought processes, perception of reality, emotions or judgment
or that results in disturbed behaviour;

and includes a disability that:

(h) presently exists; or
(i) previously existed but no longer exists; or
(j) may exist in the future; or
(k) is imputed (or presumed) to a person.

It is important to note the broadness of this definition
as people sometimes limit their understanding of disability
to someone who has a physical disability.

Discrimination

Disability discrimination is unfavourable treatment of a
person on the grounds that:

• they have a disability;
• they are accompanied by a carer, interpreter, reader
or other assistant;
• they are accompanied by a guide dog, hearing assistance
dog or other trained animal assistant;
• they use a palliative or therapeutic device or auxiliary
aid (eg. walking frame, hearing aid, wheelchair etc); or
• they are the associate of a person with a disability.

Disability discrimination can take the following forms:

Direct discrimination occurs when people
are treated less favourably because they have a disability,
than a person without that disability would be treated in
the same or similar circumstances.

Indirect discrimination occurs when there
is a requirement or condition (a policy, a practice, a procedure,
or just 'a way of doing things') imposed, applied or maintained

(a) that has an unequal or disproportionate effect on a person
with a disability, or a group of people with disabilities
compared to the effect that it has or would have on persons
who do not have that disability and
(b) that is not reasonable having regard to the circumstances
of the case

whether or not the requirement or condition is or would be
also applied to persons without that disability.

Other major provisions under the DDA include harassment on
the grounds of a person's disability and protection from victimisation
because a person proposes to or exercises their rights under
the DDA.

Examples of discrimination covered by any of the above may
include:

• ridicule
• physical and emotional intimidation
• verbal derogatory comments made in the course of
a lecture, tutorial or interview
• written derogatory comments by students or staff
• restricting access to services, accommodation, educational
or employment opportunities on the basis of stereotyping
people with disabilities, or
• restrictive personnel practices.

The DDA specifies that actual or proposed discrimination
occurs regardless of the intentions of the person committing
the unlawful act. Behaviours that may be regarded as harmless,
trivial, a joke or acceptable to one person may be discrimination
or harassment to those who find offence.

Reasonable adjustment / accommodation

For many people with disabilities, a major barrier to receiving
equal opportunity in access and participation is not the disability
itself, but some feature of the situation that could easily
be accommodated or adjusted. The term ‘reasonable adjustment’
is not contained expressly in the DDA although there is a
requirement that service providers and employers will make
reasonable adjustments. However, the Disability Standards
for Education 2005 sets out the following meaning:

“3.4 Reasonable adjustments

(1)

For these Standards, an adjustment is
reasonable in relation to a student with a disability
if it balances the interests of all parties affected.
Note: Judgements about what is reasonable for a particular
student, or a group of students, with a particular disability
may change over time.

(2)

In assessing whether a particular adjustment
for a student is reasonable, regard should be had to all
the relevant circumstances and interests, including the
following:

(a) the student’s disability;
(b) the views of the student or the student’s associate,
given under section 3.5;
(c) the effect of the adjustment on the student, including
the effect on the student’s:

(i) ability to achieve learning outcomes;
and
(ii) ability to participate in courses or programs; and
(iii) independence;

(d) the effect of the proposed adjustment
on anyone else affected, including the education provider,
staff and other students;
(e) the costs and benefits of making the adjustment.

Note A detailed assessment,
which might include an independent expert assessment,
may be required in order to determine what adjustments
are necessary for a student. The type and extent of
the adjustments may vary depending on the individual
requirements of the student and other relevant circumstances.
Multiple adjustments may be required and may include
multiple activities. Adjustments may not be required
for a student with a disability in some circumstances.

The Standards generally require providers to make reasonable
adjustments where necessary. There is no requirement
to make unreasonable adjustments. In addition, section
10.2 provides that it is not unlawful for an education
provider to fail to comply with a requirement of these
Standards if, and to the extent that, compliance would
impose unjustifiable hardship on the provider. The concept
of unreasonable adjustment is different to the concept
of unjustifiable hardship on the provider. In determining
whether an adjustment is reasonable the factors in subsection
3.4 (2) are considered, including any effect of the
proposed adjustment on anyone else affected, including
the education provider, staff and other students, and
the costs and benefits of making the adjustment. The
specific concept of unjustifiable hardship is not considered.
It is only when it has been determined that the adjustment
is reasonable that it is necessary to go on and consider,
if relevant, whether this would none-the-less impose
the specific concept of unjustifiable hardship on the
provider.

(3)

In assessing whether an adjustment to the
course of the course or program in which the student is
enrolled, or proposes to be enrolled, is reasonable, the
provider is entitled to maintain the academic requirements
of the course or program, and other requirements or components
that are inherent in or essential to its nature.

Note In providing for students
with disabilities, a provider may continue to ensure the
integrity of its courses or programs and assessment requirements
and processes, so that those on whom it confers an award
can present themselves as having the appropriate knowledge,
experience and expertise implicit in the holding of that
particular award.”

The principle of ‘reasonable adjustment’ and
‘reasonable accommodation’ allows that wherever
it is possible, necessary and reasonable to do so, the usual
policy or practice will be varied to meet the needs of a person
with a disability.

Such variations as are required to enact this principle may
be made in relation to both the education of students and
the employment of staff. For example, accommodations or adjustments
may be made to employment arrangements for staff or education
arrangements for students, to the buildings or grounds of
the University, or by way of the provision of specialised
equipment.

Some accommodations or adjustments may involve little or
no additional expenditure. Others however may require substantial
costs which need to be weighed against the benefits to be
gained. However, in many cases the accommodations / adjustments
made for people with disabilities are also of benefit for
people without disabilities. For example, ramps for wheelchair
access make it easier for staff to move furniture or equipment
from building to building.

If the organisation can prove that the accommodations or
adjustments would impose an unjustifiable hardship on the
organisation, it is not legally bound to make the accommodations
or adjustments.

Unjustifiable hardship

Section 11 of the DDA provides that in determining what constitutes
unjustifiable hardship, all relevant circumstances of the
particular case are to be taken into account including:

the nature of the benefit or detriment likely to accrue
or be experienced by any persons concerned; and

the effect of the disability on the person concerned;
and

the financial circumstances and the estimated amount
of expenditure required to be made by the organisation claiming
unjustifiable hardship; and

in the case of the provision of services, or the making
available of facilities, an action plan given to the HREOC
under section 64.

This is not a comprehensive definition but rather a guide
to matters that a decision-maker must have regard for in assessing
a claim of unjustifiable hardship.

Unjustifiable hardship is determined on a case-by-case basis
bearing in mind the objectives of the DDA. An assessment of
the adjustments the person requires will be considered together
with a comprehensive assessment of the effect or likely effect
on the person's disability and required adjustment on the
part of the University, its staff and other stakeholders.
No single factor alone will constitute a case of unjustifiable
hardship.

Associate, in relation to a person, includes:

(a) a spouse of the person; and
(b) another person who is living with the person on a genuine
domestic basis; and
(c) a relative of the person; and
(d) a carer of the person; andanother person who is in a
business, sporting or recreational relationship with the
person

Contract worker means a person who does work for another
person under a contract between the employer of the first-mentioned
person and that other person.

2. DISABILITY ACTION PLAN AND
THE UNIVERSITY

Progress to date

The University has achieved significant changes in the area
of disability. The Flinders’ Disability Action Plan
(DAP) was introduced in 1996 replacing the former Policy
and Action Plan for Students with Disabilities adopted
in 1993 and to monitor the recommendations made in an audit
of physical access to all sites of the University undertaken
in 1995 (The ‘Matthews Report’).

The six Cost Centres first reported on implementation progress
in 1999 under the broad reporting themes of Teaching and Learning,
Working Environment and Access and Support Services. That
report received, from the Federal Disability Discrimination
Commissioner, a certificate of recognition of the commitment
and progress Flinders has made to improve access for people
with disabilities.

The six Cost Centres provided further reports to the Vice
Chancellor’s Committee in January 2002, September 2004
and January 2006 to highlight enhancements since the last
report, and to identify areas for improvement. Yunggorendi
First Nations Centre for Higher Education and Research will
report in 2008.

The University has a Disability Liaison Officer (to coordinate
specific services for students), a Disability Academic Adviser
(FDAA) in each Faculty (to act as a point of contact and information
on disability issues for students and staff) and a Disability
Committee to assist with the implementation of the DAP.

The University continues to regularly revise its student-related
policies and procedures to enhance access and participation
for students with disabilities; regularly reviews its employment
policies through the Enterprise Bargaining negotiations and
continues to allocate resources for the provision of facilities
and services for people with disabilities. Ongoing provision
has been made in the Capital Plan to 2012 to enable Buildings
& Property Division to continue to support the physical
access upgrade program.

Access to some parts of the campus remain difficult because
the campus is built on a hill with a gradient greater than
1:5 in some parts. However, necessary amenities have been
installed (upgraded internal transport system, signage, entrances,
lifts, ramps, universal access service areas and toilets).
These improvements will continue to be made within the University’s
Capital Management Plan.

The University continues to work co-operatively with the
other South Australian Universities and TAFE Colleges through
the Regional Disability Liaison Officer to maximize the efficient
and effective use of resources and expertise in the development
of resources for the institution. The University will continue
to enhance services designed to eliminate the effect of barriers
experienced by staff and students with disabilities.

Implementation of the Disability Action Plan

The Vice Chancellor

The Vice-Chancellor is the Responsible Officer for the
implementation of this Plan.

The Vice-Chancellor has delegated the responsibilities
for carrying out the actions identified in this Plan to
the Heads of the major Cost Centres (four Executive Deans,
the Librarian, Executive Director of Administration and
the Director, Yunggorendi).

Committee level

Academic Senate has a key role in monitoring
the University’s performance against the goals, objectives
and actions identified in the University Strategic Plan
the Flinders Strategic Priorities and Future Directions
Mark III. The University aims to be a good corporate citizen
by acting in accordance with the full range of legislative
requirements. This committee which reports to Council has
the responsibility for monitoring and endorsing the DAP
and initiating any resulting policy changes.

The Equal Opportunity and Diversity (EO&D)
Committee is an expert standing committee of Academic
Senate and advises it on major policy matters in the areas
of equal opportunity (& disability), affirmative action,
student access and equity, diversity and inclusiveness.
This Committee reviews and improves the DAP following receipt
of Cost Centre reports from VCC and makes recommendations
to Academic Senate.

The Disability Committee is a standing
committee of the Equal Opportunity and Diversity Committee.
It is responsible for assisting Cost Centres implement the
Disability Action Plan and for providing advice to the EO&D
Committee on specific matters relating to students with
disabilities. The membership of the Disability committee
includes academic and general staff and students with disabilities.

The Vice-Chancellor’s Committee
(VCC) (convened by the Vice-Chancellor) consists of the
heads of the major cost centres and the Deputy Vice-Chancellors
and deals with all major policy and management issues in
the University. This committee has taken on the task of
overseeing the implementation of equal opportunity and equity
policies within cost centres across the university and this
includes provisions for staff and students with disabilities.
Heads of cost centres will report biennially to this committee
on the implementation of the Disability Action Plan in their
areas.

Operational level

Disability Liaison Officer

The Disability Liaison Officer is located in Central Administration
and reports to the Head of Health and Counselling Services.
The Disability Liaison Officer works in close association
with the Director of Academic and Student Services and Faculty
Disability Academic Advisers on a range of academic matters
relating to students with disabilities.

The Disability Liaison Officer's activities include provision
of information regarding assistance for students with disabilities,
advocacy on disability issues on behalf of individual students
or a number of students and coordination of specific services
that enable students with disabilities to access and participate
in university study.

Executive Deans are responsible for implementing
the objectives of the DAP in their respective Faculty.

Faculty Disability Academic Advisers (FDAA)
are appointed in each Faculty by the Executive Dean to

act as a point of contact and information for students
with disabilities in their faculty

act as a point of contact for Health and Counselling
Service members in seeking to negotiate with academic
staff in their faculty

act as a point of contact for academic staff within
the faculty who may need to clarify issues in regard to
reasonable adjustments to assessment and teaching methods
for students with disabilities.

Training for FDAAs will be provided by the Staff Development
and Training Unit of the University in association with
the Equal Opportunity Unit.

The Executive Director of Administration, the Librarian
and the Director, Yunggorendi are responsible for implementing
actions in this Plan relating to their respective cost centres.

The Equal Opportunity Unit

is responsible for promoting the Disability Action Plan
in order to provide an inclusive environment and improve
service delivery for students and staff with disabilities;

provides advice to the Director of Academic and Student
Services and the Manager of Human Resources Division on
the development and review of education or employment
policies which may impact on students and staff with disabilities;

maintains a network of contact officers to provide
information and support to students or staff with disabilities
on matters of discrimination or harassment.

is responsible for conciliating complaints of discrimination
or harassment.

Policy development and review

The Academic Senate is responsible for the overall development
and review of equal opportunity, diversity and anti discrimination
policies. This includes the development, monitoring and evaluation
of the Disability Action Plan.

Other policies related to this Plan including grievance procedures
for disability discrimination and harassment will be regularly
monitored and reviewed by the Academic Senate and reported
annually to Council.

A significant education policy development for students with
disabilities has been the Guidelines for Reasonable Adjustment
to Assessment and Teaching Methods for Students with Disabilities
which is Appendix A to the Assessment Policy, available in
the Student Related Policies & Procedures Manual (http://www.flinders.edu.au/ppmanual/student/SecC_e.htm).

Funding

The Central Administration has specific
responsibility for funding the salaries for staff dealing
with equal opportunity and disability. It also has responsibility
for managing the budgets for the Higher Education Equity Program
the Capital Works Program, the Staff Development and Training
Unit and Student Support Services, including special equipment
needs, adaptive technology and other facilities and services
for students with disabilities.

The Library manages the provision, support
and training in the use of adaptive technologies for students
on behalf of the University.

Executive Deans are responsible for funding
academic programs in their Faculties and for providing appropriate
teaching related assistance for students with disabilities
in the courses/topics they offer. In instances where students
are enrolled in cross-faculty topics and the assistance requires
additional funding, the Executive Deans will liaise in order
to achieve an acceptable funding arrangement. Where an Executive
Dean claims unjustifiable hardship in respect to providing
reasonable accommodation or adjustment the relevant Executive
Dean may take the issue up with the Vice-Chancellor who may
provide some assistance from central funds.

All Cost Centre Heads are responsible for funding reasonable
accommodations or adjustments for staff with disabilities
in their areas. Where a Cost Centre Head claims unjustifiable
hardship in respect to these the relevant Cost Centre Head
may take the issue up with the Vice-Chancellor who may provide
some assistance from central funds.

Monitoring, review and evaluation of the Disability Action
Plan

Each of the major cost centres will be responsible for monitoring,
reviewing and evaluating their success in achieving relevant
objectives in the Disability Action Plan in their cost centre.

Cost Centre Heads will report to the Vice-Chancellor biennially
on the implementation of the Plan in their cost centres.

The Equal Opportunity & Diversity Committee will receive
these reports from the Vice-Chancellor after they have been
discussed by the Vice-Chancellor's Committee and prepare an
overall report for Academic Senate.

Review: DAP to be reviewed every 8 years from 2005

Evaluation: to be assessed in a variety of ways:

Greater use of services by students who have a disability

Increased number of students with a disability

Increased retention rates of students with a disability

Observable changes in staff understanding of disability
discrimination issues, or

Improvements in the physical accessibility of campus
buildings.

Promotion of the Disability Action Plan

The Equal Opportunity Unit is responsible for the promotion
of the Disability Action Plan within the University. It will
achieve this by:

including information and training about the DAP in appropriate
staff development training programs

placing the complete DAP on the University's intranet

inviting staff and students to seek further advice or
information on the DAP from the Disability Liaison Officer
or the Equal Opportunity Unit.

Consultation

Updating of the Disability Action Plan has been achieved
by consultation with the Disability Committee and the Vice-Chancellor’s
Committee.

The authors of the 1997 DAP consulted widely with stakeholders
within the University community. Those consulted included
Heads of Faculties and selected staff and students within
the faculties; the Disability Liaison Officer; the Librarian
and Library staff; the Director of Administration & Registrar;
Manager of Human Resources; Manager of Academic & Student
Services and related staff; the Manager and the Executive
Officer of the Buildings and Property Division; Dean, University
Hall; Head, Equal Opportunity Unit; Executive Officers Child
Care Centre and Sports Association; Head, Health & Counselling
Services and related staff; Manager of Information Services;
the Disability Committee; Student Union and Postgraduate Students’
Association; Disability Liaison Officers from University of
Adelaide and University of South Australia.

Earlier drafts of the plan were distributed to all cost centres
for comment and revision.

The Head, Equal Opportunity Unit and the Disability Liaison
Officer will consult annually on the effectiveness of the
Disability Action Plan. Consultation will take place by

• holding an annual meeting of staff and students with
a disability, organisations representing people with disabilities
and other interested persons; and
• using the disability network outlets (such as email,
newsletters, Disability Committee) to invite comments from
staff and students with a disability.
• Seeking comments through other electronic media.

3. EDUCATION

Introduction

Flinders University acknowledges and supports the right of
people with disabilities to be involved in higher education.
As this Action Plan confirms, the University is committed
to providing a supportive and safe learning environment for
all students with disabilities so that they are able to participate
to the fullest possible extent in the education programs offered
by the University and all other aspects of University life.
With respect to the provision of services, international students
are also covered by this Plan.

The University recognises that as a consequence of disability
some people may have experienced educational disadvantage
that prevents them from satisfying the usual entry requirements
of the University. In view of this the University will consider
applications to vary the standard entry requirements for people
with disabilities. Assessment of a student's progress through
a course/topic will continue to be based on academic performance,
however provision is made within the policy on students with
disabilities for reasonable adjustment to courses/topics in
aspects of the delivery and method of assessment. Such adjustments
will not compromise the essential content of a course/topic
or the requirements to demonstrate essential skills and knowledge.

Discrimination in education

Discrimination in education is addressed in Section 22, Part
2 of the Disability Discrimination Act (DDA). This section
states that it is unlawful for an educational authority to
discriminate against a person on the ground of the person’s
disability or a disability of any of the other person’s
associates

by refusing or failing to accept the person's application
for admission as a student;

in the terms or conditions on which it is prepared to
admit the person as a student;

by denying or limiting a student's access to any benefit
provided by the institution; or

by expelling a student; or

by subjecting a student to any other detriment.

It is not unlawful to discriminate against a person with
a disability if their participation in education requires
the University to provide services or facilities that impose
unjustifiable hardship on the institution (refer to Definitions).

Universities should aim to provide students with disabilities
with the opportunity to realise their individual capabilities
and to gain access to and participate in university life.

Universities should ensure that all their interactions
with students with disabilities are characterised by respect
of their rights to dignity, privacy, confidentiality and
equality.

Universities should seek to provide support services
to students with disabilities in the interests of equality
and educational opportunity. Services may include alternative
ways of accessing information and expressing knowledge;
support in mobility and aspects of daily living that provide
for participation in education; and general support services.
Universities may request students to supply suitable documentation
concerning the functional implications of their disability
relevant to academic access so that appropriate support
provisions can be negotiated.

Universities should give attention to the resources needed
to provide the appropriate environment and support services
to students with disabilities. Universities are encouraged
to pursue cooperative links with other educational institutions
in their region and with community service providers in
order to enhance access to highly specialised and expensive
services.

In particular circumstances, a university may be unable
to provide the level of support services, access and/or
facilities required by a student with a disability on the
grounds that to do so would impose unjustifiable hardship
on the university.

Many university qualifications are shaped by the requirements
of professional associations. Section 19 of the Act renders
it unlawful for an organisation that is empowered to confer,
renew, extend, revoke or withdraw an authorisation or qualification
that is needed for or facilitates the practice of a profession
or the carrying on of a trade or the engaging in of an occupation
to discriminate against a person on the ground of the person's
disability or a disability of any of the person's associates:

by refusing or failing to confer, renew or extend the
authorisation or qualification; or

in the terms or conditions on which it is prepared to
confer, renew or extend the authorisation or qualification;
or

by revoking or withdrawing the authorisation or qualification
or varying the terms or conditions on which it is held.

The Act specifies that it is not unlawful to discriminate
on the above grounds if the person is not able to perform
the inherent requirements of the profession. But it does not
permit discrimination where the person can, or would be able
to, perform the inherent requirements if some reasonable adjustment
were made (refer to Definitions).

However, it should be noted that there is some ambiguity
concerning the relationship between this section of the Act
and Section 22 which details an educational authority's obligations
with respect to education.

Actions that may not be unlawful under Section 19 may be
unlawful under Section 22.

Disclosures

The sole purpose of disclosure of a disability is to facilitate
the progress of a student through a course/topic or to make
appropriate adjustments to the buildings or grounds of the
University. The University will encourage students with disabilities
to:

contact the Disability Liaison Officer (DLO) for support,
advice and practical assistance in all areas including,
if appropriate, the process of disclosure to teaching staff;
and

declare such disabilities prior to, or during, enrolment
to appropriate staff of the University.

Any such disclosures will be treated as confidential and
private by staff who are given this information.

The Disability Liaison Officer is usually the only person
who needs to receive documentation about a student’s
disability. The DLO establishes an Access Plan on the basis
of that documentation.

An Access Plan is a document signed by the
DLO that outlines the reasonable adjustments to assessment
and/or teaching method that will need to be made for the student
and which the student uses to discuss their individual requirements
with relevant staff.

Policy on Students with Disabilities

Flinders University is committed to providing access and
equity for students with disabilities to enable them to access
and participate fully and independently, to the greatest extent
possible, in the academic, cultural and social life of the
University.

The following general objectives form the basis of this Disability
Action Plan

to provide opportunities for students with disabilities
to realise their individual capabilities for intellectual,
social, emotional and physical development through a high
level of participation in the University;

to ensure that people with disabilities are not discriminated
against in admission to a university course/topic;

to provide equipment and support services which prevent,
minimise or overcome barriers to fuller participation in
academic and other activities within the University;

to make reasonable adjustments in modifying, substituting
or supplementing curricula, course/topic work requirements,
timetables, teaching methods and materials, and assessment
procedures to meet the needs of students with disabilities,
without compromising academic standards;

to respect the rights of people with disabilities to
privacy and confidentiality and to ensure the delivery of
services to students with disabilities in a manner which
respects and promotes their human dignity, rights and opportunities;

to foster and encourage among staff and students, positive,
informed and unprejudiced attitudes towards people with
disabilities;

to cooperate with other universities, TAFE, secondary
schools, government and community organisations to maximise
use of resources available to the State for students with
disabilities; and

to provide appropriate level of resources within available
funds in order to reasonably accommodate the needs of students
with disabilities.

The following sections of this Disability Action Plan give
effect to the above policy and general objectives.

Reasonable adjustment to teaching methods and assessment

The principles for reasonable adjustment to assessment and
teaching methods for students with disabilities (Appendix
A of Assessment Policy) include:

1.1

Reasonable adjustment to assessment refers
to special conditions/considerations in examinations and
other assessment exercises, including placements, for
students with disabilities. Reasonable adjustment to teaching
methods refers to variations in the way that course/topics/topics
are taught in order that they are accessible to students
with disabilities. (Examples of reasonable adjustments
to teaching methods include: reading aloud overheads for
students who are blind, ensuring audio-visual materials
are accompanied by transcripts or subtitles for deaf students,
using accessible teaching venues for students with a physical
disability, negotiating suitable placements for students
with a variety of health issues.)

1.2

Reasonable adjustments to assessment and
teaching methods are made using the following principles:

1.2.1

Students with disabilities are subject to
the standard rules and policy on assessment and teaching
methods, and assessment is only varied where a student
can demonstrate with appropriate documentation that he/she
is disadvantaged as a result of disability.

1.2.2

The nature of reasonable adjustments is such that they
are designed to minimise the disadvantage experienced
by students with disabilities, rather than provide students
with a competitive advantage.

1.2.3

Moreover any adjustments to assessment for a student
with a disability are to be made in such a way as to ensure
that the fundamental nature of the assessment remains
the same ie students with disabilities are still required
to demonstrate a pre-determined level of ability in relation
to essential course/topic requirements.

Facilities and services for students with disabilities

The University, within available resources, provides facilities
and services which prevent, minimise or overcome barriers
to fuller participation by students with disabilities in academic
and other activities within the University. Examples of facilities
include: computers, software, stethoscopes suitable for use
with hearing aids and ergonomic furniture. Examples of services
include: sign interpreters, note takers, proof readers, provision
of print materials in alternative formats, scribes, readers
and personal care.

Students with disabilities enrolled in Flinders University
courses are eligible to apply for facilities and services
if they:

have a documented disability; and

experience some disadvantage in studying as a result
of that disability which can be minimised by the provision
of equipment or services.

The University will make every attempt to provide facilities
and services in a way that recognises the individual's needs,
respects the student's right to privacy and confidentiality
and provides a maximum degree of flexibility and student autonomy.

Access to university

Objective 1:

To encourage people with disabilities
to apply for courses offered by the University and to
ensure that the University's entry requirements take into
consideration any disadvantages experienced as a result
of an applicant's disability.

Strategies

Continue to provide disability information and information
on course offerings on the World Wide Web.

Continue to participate in the joint Universities/TAFE
information days.

Continue to provide information to career advisers, secondary
schools, TAFE and students with disabilities on the University's
access programs and general services for students with disabilities.

Continue to provide appropriate support for students
with disabilities who are considered to be "at risk"
of not meeting the academic requirements of their course/topic
due to the effects to their disability.

Ensure that Faculty Disability Academic Advisers receive
sufficient information and support to deal with disability
issues and regularly obtain feedback about the quality of
assistance they provide.

Funding for Disability Liaison Officer position, and financial
support for students with disabilities.

Time frame for action

Ongoing

Teaching and Learning

Objective 3:

To generate an environment within
all faculties and Yunggorendi that encourages the provision
of assistance to students with disabilities as part of
the normal academic support for all students.

Strategies

1.

To improve academic staff awareness of the
issues relating to students with disabilities through:

disseminating information on the arrangements for students
with disabilities while sitting examinations or doing assignments;

encouraging all academic staff to attend disability information
sessions and to ensure that they get sufficient information
about what Faculty Disability Academic Advisers can offer
students with disabilities;

supporting the Faculty Disability Academic Advisers and
the University's Disability Liaison Officer in their efforts
to promote the learning and educational needs of students
with disabilities, and by improving the networking of these
officers with academic staff;

producing a short series of case studies of successful
students with disabilities and distributing these to academic
staff on request;

ensuring that staff induction includes an information
session of issues relevant to students with disabilities;
and

ensuring the ‘Teaching for Learning’ website
includes information relevant to teaching students with
a disability. http://www.flinders.edu.au/teaching/

2.

To have each faculty and Yunggorendi promote
(1) the use of teaching strategies that are inclusive
of students with disabilities and (2) the use of methods
to evaluate learning that will minimise any disadvantage
experienced by students because they have a disability
through:

identifying an academic staff member in each faculty
as Disability Academic Adviser;

ensuring that staff are aware of the University Guidelines
for Reasonable Adjustment to Assessment and Teaching Methods
for Students with Disabilities;

encouraging staff to use inclusive teaching and assessment
methods;

regular evaluation of all courses and topics with respect
to the inclusiveness of students with disabilities;

ensuring that alternative assessment formats are available;
and

ensuring that all course and topic information includes
a statement about the facilities and services available.

3.

To provide appropriate accommodations for
various elements of educational involvement (eg lectures,
tutorials, practicals, field placements, examinations,
assessments) for students with disabilities through:

encouraging students to discuss their individual requirements
with the Disability Liaison Officer and/or Course / Topic
Coordinator; and

encouraging students to obtain an Access Plan which is
used as the basis for negotiating accommodations with the
relevant staff; and

Training for Faculty Disability Academic Advisers, preparation
of material for distribution and funding for staff development
programs.

4. EMPLOYMENT

Introduction

The University's Equal Opportunity Policy states that the
University will not discriminate in the area of employment
on the basis of disability. In the employment of all staff
the University will, to the fullest extent possible, enable
them to participate fully and independently in all aspects
associated with work, career development and employee relations
at the University.

Issues relating to facilities and services for staff with
disabilities are similar to those that apply to students with
disabilities in matters of physical access as well as modifications
to the work environment.

Discrimination in employment

Section 15 of the Disability Discrimination Act (DDA) makes
it unlawful for an employer or a person acting or purporting
to act on behalf of an employer to discriminate against a
person on the ground of the other person's disability or a
disability of any of that other person's associates:

in the arrangements made for the purpose of determining
who should be offered employment

in determining who should be offered employment

in the terms or conditions on which employment is offered

in the terms and conditions of employment that the employer
affords the employee

by denying or limiting the employee's access to opportunities
for promotion, transfer or training, or any other benefits
associated with employment

by dismissing the employee, or

by subjecting the employee to any other detriment.

Section 15 does not render it unlawful to discriminate against
a person on the ground of their disability if, after taking
into account the person's past training, qualifications and
experience relevant to the particular employment and, if the
person is already employed by the employer, the person's performance
as an employee, and all other relevant factors that it is
reasonable to take into account, the person because of his
or her disability:

would be unable to carry out the inherent requirements
(see below) of the particular employment; or

would, in order to carry out the inherent requirements,
require services or facilities that are not required by
persons without the disability and the provision of which
would impose unjustifiable hardship (see definitions in
1.5) on the employer.

Section 17 of the Act which covers contract workers has similar
provisions to those in the above section.

Inherent requirements

The DDA does not require that a person with a disability
be given a job which they cannot do: that is, cannot perform
the inherent requirements of the job. Although the DDA does
not give a detailed definition of what constitutes the inherent
requirements of a position, provisions are contained in Sections
15(4) (Employment), 16(3) (Commission Agents), 17(2) (Contract
Workers), 18(4) (Partnerships), and 21(2) (Employment Agencies).

In HREOCS’ view, ‘inherent requirements’
need to be determined in the circumstances of each job. They
may include:

the ability to perform the tasks or functions which are
a necessary part of the job

productivity and quality requirements

the ability to work effectively in the team or other
type of work organisation concerned

the ability to work safely.

For example, being able to hear without assistance cannot
be an inherent requirement of a job where alternative means
of communicating are available which enable a person who is
deaf or hearing impaired to perform the same range of job
functions as a person without such an impairment.

In view of this employers need to be aware that they have
a responsibility to ensure that they do not restrict equal
opportunity for people with disabilities. In assessing the
merit of a person with a disability against the essential
criteria of a position employers need to be aware whether
the criteria are, in fact, inherent requirements of the position
and whether by applying the principle of reasonable adjustment
the person with a disability will be able to be meet these
criteria. Where a person already in employment of the University
becomes disabled, the principle of reasonable adjustment shall
also be applied.

Application of the principle of reasonable adjustment

Adjustment can be made either to the working arrangements
of the position or to the work environment to minimise or
eliminate the effect of the disability.

Adjustment may mean:

exchanging some duties between the person with a disability
and other colleagues;

adapting existing equipment or obtaining equipment which
has been specially designed;

compensation for sensory impairment;

rearranging the physical layout of the workplace, for
example to allow for wheelchair access;

providing information or training to people without disabilities;
or

accepting that there may be alternative ways of accomplishing
a given task.

Recruitment

Objective 4:

To ensure that the selection practices
of the University do not discriminate against people with
disabilities.

Strategies

• Continue current practices regarding advertising
and selection of candidates.
• Provide information about services and facilities
for staff with disabilities when enquiries are made about
vacancies.
• Ensure that applicants with disabilities are aware
that they may request to have an Equal Opportunity Officer
on the selection committee.
• Ensure that adjustments to / accommodations for interview
and selection arrangements occur where necessary.
• Human Resources to assist with services or facilities
when difficulties in employment arise.
• Provide training for recruitment staff and people
on selection committees on issues relating to disabilities.

Responsibility for action

Director, Human Resources; Chairs of selection committees.

Time frame for action

On-going

Resource implications

Training for recruitment staff and members of selection
committees.

Working Environment

Objective 5:

To provide reasonable and appropriate
services and facilities to staff with disabilities which
enables them to fulfil the inherent requirements of their
employment.

Strategies

1. To improve the level of services and facilities for staff
with disabilities by:

ensuring that staff induction programs include information
about disability services and facilities;

providing support and assistance when difficulties arise;

investigating sources of government assistance for employment
of people with disabilities;

maintaining an equipment pool in the Library;

establishing and maintaining an equipment fund; and

encouraging staff with disabilities to undertake training
and apply for promotion and vacancies. 2. To take the following
action to ensure that managers and supervisors fulfil their
responsibilities under the Disability Discrimination Act
by:

provide information of the DDA to all managers and supervisors;

provide advice and assistance on disability issues for
managers and supervisors; and

ensure that managers and supervisors are aware of the
services provided by the Commonwealth Rehabilitation Service
(http://www.crsrehab.gov.au/). 3. To ensure that all staff
acquire a knowledge of appropriate language and behaviour
when working with people with disabilities by:

adding to all staff newsletters and webpages information
about services and facilities available for people with
disabilities;

5. LIBRARY

Introduction

The Library provides access and assistance to users with
temporary or permanent disabilities that enable them to access
library and information resources and facilities for their
study, teaching and research. The Library also manages the
provision of adaptive technologies for students on behalf
of the University.

Users are encouraged to make contact with the Library staff
at the beginning of each year to discuss any particular requirements.
The Access Plan process by which students with a disability
deal with university units in a coordinated manner starting
with the Disability Liaison Officer is the major mechanism
for making the initial link between student with disabilities
and the Library.

The Library also maintains a webpage detailing services for
students with disabilities and contact details are linked
from the Disability Page maintained by Health & Counselling.
Services for students with disabilities are detailed in the
Library Guides provided during orientation.

Library staff, particularly those with service delivery
roles have been made aware of how students should make initial
approaches to the Library to arrange for services to meet
their needs. A brochure entitled "Guide to the Library"
is printed each year that provides useful information about
library hours and services.

The Library has a Disability Resource Centre located in the
Central Library that offers specialised equipment for people
with disabilities. Extensive technical support and some training
is provided for users of this equipment. Equipment may be
moved between branches according to student demand.

In addition to the above, other facilities are available
such as desks adapted to suitable wheelchair height and reading
slopes. Library staff can also assist with: retrieving items
from shelves; searching for information; photocopying (including
print enlargement); and retrieval of material from other branches.
Special loan conditions may also be negotiated with the Circulation
Supervisor in any Library.

The Library’s move to electronic collections and electronic
reserve provides a number of significant advantages –
24/7 remote access, ease of enlargement on computer work-stations
and the potential for these files to be ‘read’
using speech synthesis software.

All Libraries now have

Open entrances or entrances with electric sliding doors.

Minimal internal barriers.

Lift access to all levels.

Appropriate toilet facilities in accessible locations.

In addition a barrier free access path is available from
an appropriate carpark to all branch libraries (except the
medical library) throughout library opening hours.

Support Services

Objective 6: To ensure that the Library meets the
needs of staff and students with disabilities.

Strategies

Designate a senior staff member as the responsible officer
for the development, implementation and evaluation of disability
facilities and services within the libraries and promote
the services of this officer.

Continue to allocate and resource a room in the Library
for use by people with disabilities.

Ensure that all students and staff with disabilities
are aware of library policy and services.

The Associate Librarian (Reader Services) to liaise with
branch librarians and suitable authorities within the University
to ensure that people with disabilities have the easiest
access possible to the buildings of all libraries during
the full range of opening hours.

Responsibility for action

• University Librarian
• Associate Librarian (Reader Services) who also represents
the Library on the Disability Committee.

Time frame for action

Already implemented or on-going activities

Resource implications

Unknown. Resources to continue to be allocated

6. INFORMATION TECHNOLOGY
SERVICES

Introduction

Reliance on information technology resources for communication
and information search and retrieval is becoming an extremely
important and often daily aspect of working and studying in
a university. To the extent that universities take on a more
active role in using these technologies, for example the use
of the World Wide Web, FLO as a means of providing staff and
students with access to information on courses, admission
procedures, enrolment, support services and university policy,
then the notion of access becomes one of providing access
to new digital technologies as well as seeking ways to convert
the existing printed material to other formats (Braille, large
print).

The effect of the DDA in this area is that equal access for
people with disabilities is required by law where it can be
reasonably provided. Universities are responsible for providing
information to students and staff with disabilities in accessible
formats and a computer-aided system can be one of the most
effective and efficient ways of fulfilling this responsibility.

Access and Support Services

Objective 7:

To ensure that the development and
implementation of information technology services are
inclusive of the needs of staff and students with disabilities.

Strategies

Designate a senior staff member as the responsible officer
for the development, implementation and evaluation of disability
support services in Information Services and promote the
services of this officer.

Adopt a strategic approach to the improvement of access,
resources and services in consultation with users with disabilities.

Facilitate access to information services for students
with disabilities through the provision or modification
of equipment as required.

7. PHYSICAL ENVIRONMENT

Campus Access

Access for students and staff with disabilities is an important
issue which must be addressed if people are to reach their
full potential in tertiary study and at work. Section 23 of
the Act states that it is unlawful to discriminate against
a person on the ground of that person's disability or a disability
of any of that person's associates:

by refusing to allow the person access to, or the use
of, any premises or facilities that the public or a section
of the public is entitled or allowed to enter or use (whether
for payment or not); or

in the terms or conditions on which the person with a
disability is allowed access to, or the use of, the premises
or facilities; or

by requiring the person to leave such premises or cease
to use such facilities.Section 23 does not render it unlawful
to discriminate against a person on the ground of the person's
disability in relation to the provision of access to premises
if:

the premises are so designed or constructed as to be
inaccessible to a person with a disability; and

any alteration to the premises to provide such access
would impose unjustifiable hardship on the person who would
have to provide that access.

An organisation may therefore claim that providing a particular
level of access would be technically impossible, impose major
difficulties or involve unreasonable costs. The DDA covers
existing premises, those under construction and future premises.
It includes not only buildings but also anything in the "built
environment" which includes car parks, sports fields,
parks, pathways and internal transport systems.

Examples of discrimination

Examples of possible areas of discrimination that could result
in a complaint by a person with a disability include:

failure to provide physical access to a building or to
different levels of a building;

inadequate signage for a person with a vision impairment;

failure to ensure facilities such as vending machines
or counters within buildings are accessible or useable by
people with disabilities;

failure to provide visual indicators of emergency situations
such as evacuations;

inadequate parking facilities for vehicles used by people
with disabilities;

failure to provide a clear and safe access path in a
building or on a pathway;

requiring a person with a mobility disability to gain
access through a distant side entrance; or

failure to provide a hearing augmentation system in an
auditorium that has a sound amplification system.

In recognition of the importance layout of the site and the
design of buildings have in providing a quality learning and
working environment, the University completed a major access
audit of the premises in 1995. A report on the audit is available
at http://som.flinders.edu.au/FUSA/disabstud/Resources/acc_swd/part1/access.htm

Major barriers identified in that Report have been addressed,
and further enhancements to the physical access, audio and
ergonomic improvements continue to be made.

Provision for further enhancement continues to be made in
the Capital Works Budget.

Objective 8:

To create a physical environment
that can reasonably accommodate people with disabilities.

Strategies

Conduct an access audit of the University environs and
make it an ongoing activity.

Identify a senior manager responsible for disability
access and promote the services of this person.

To be aware of the need to provide disability access
and, where necessary, seek external expert advice on disability
standards and related issues as they arise.

Compile a plan and list of priorities for capital works
to be undertaken in any one financial year to improve disability
access.

Expand and promote the Disability Access Barrier Report
Card system.

Ensure that disability access considerations are taken
into account in the construction and refurbishment of all
buildings and grounds.

Provide accessible University transport for people with
disabilities.

Ensure evacuation procedures are in place for students
and staff with disabilities.

Every area of the University should be open and accessible
to people with disabilities in the same way it is open and
accessible to people without disabilities.

Accommodation

Section 25 of The Act states that it is unlawful to discriminate
against a person on the ground of that person's disability
or a disability of any of that person's associates:

by refusing to accept the person's application for accommodation
or according that application a lower order of precedence
in any list of applicants;

in terms or conditions on which the accommodation is
offered;

by denying or limiting a person's access to any benefit
associated with the accommodation;

by evicting the person or subjecting the person to any
other detriment in relation to accommodation;

by refusing to permit the person to make reasonable alterations
to the accommodation occupied by the person if:

that person undertakes to restore the accommodation
to its condition before alteration, on leaving the accommodation;
and

in all the circumstances it is likely that the person
will perform the undertaking; and

in all the circumstances, the action required to
restore the accommodation to its condition before alteration
is reasonably practicable; and

the alteration does not involve alteration of the
premises of any other occupier; and

the alteration is at that other person’s own
expense.

Objective 9: To provide residential accommodation that
is accessible for students with a disability.

Conduct an access audit of the University Hall to identify
premises that are wheelchair accessible and have suitable
amenities (toilet, showers, kitchen facilities and bedrooms)
for students who have a mobility disability.

Plan to have at least one residential place suitable
for a person who uses a wheelchair in each block within
five years.

ADCET, the Australian Disability Clearinghouse on
Education and Training:
Contains up to date and comprehensive information about inclusive
teaching, learning and assessment strategies, adjustments
and support services for people with disabilities in post
secondary education and training.http://www.adcet.edu.au/default.aspx